Appendix 06_Department of Defense Instruction Number 6400.06.pdf

DoDI 6400.06, August 21, 2007
E2.24.3. Any general or special court-martial conviction for a Uniform Code of Military
Justice offense that otherwise meets the elements of a crime of domestic violence, even though
not classified as a misdemeanor or felony.
A person shall not be considered to have a qualifying conviction unless the convicted offender
was represented by counsel, or knowingly and intelligently waived the right to counsel and, if
entitled to have the case tried by jury or before court-members, the case was actually tried by a
jury or court members or the person knowingly and intelligently waived the right to have the
case tried by a jury or court members, and;
A person shall not be considered to have a qualifying conviction if the conviction has been
expunged or set aside, or the convicted offender has been pardoned for the offense or had civil
rights restored, unless the pardon, expungement, or restoration of civil rights provides that the
person may not ship, transport, possess, or receive firearms.
E2.25. Reasonable cause. For purposes of this Instruction with regard to implementing the
Domestic Violence Amendment to the Gun Control Act (Reference (r)), the term “reasonable
cause” means that there is reliable information that a reasonable, prudent person would rely on
which makes it more likely than not that the individual has a qualifying conviction.
E2.26. Receive. For purposes of this Instruction with regard to implementing the Domestic
Violence Amendment to the Gun Control Act (Reference (r)), the term “receive” means to
obtain, to take, to accept, to acquire, or to come into possession of.
E2.27. Restricted reporting. A process allowing an adult victim of domestic abuse, who is
eligible to receive military medical treatment, including civilians and contractors who are
eligible to receive military healthcare outside the Continental United States on a reimbursable
basis, the option of reporting an incident of domestic abuse to a specified individual without
initiating the investigative process or notification to the victim’s or alleged offender’s
commander. Additional explanation and guidance is provided in Enclosure 3.
E2.28. Safety Planning. A process whereby a victim advocate, working with a domestic abuse
victim, creates a plan, tailored to that victim’s needs, concerns, and situation, that will help
increase the victim’s safety and help the victim to prepare for, and potentially avoid, future
violence.
E2.29. Ship. For purposes of this Instruction with regard to implementing the Domestic
Violence Amendment to the Gun Control Act (Reference (r)), the term “ship” means the
transportation, or the effecting of transportation, without limitation as to the means or facilities
used or with respect to the person to whom any shipment is made.
E2.30. Suicide related to an act of domestic violence or child abuse. A person’s intentional
taking of his or her own life; (1) that is known or is reasonably suggested by the circumstances to
have some connection with an act of domestic violence or child abuse he or she recently
committed; or (2) that is known or is reasonably suggested by the circumstances to have some
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ENCLOSURE 2